A development application may be determined by approval or refusal. An approval consists of conditions of consent, has a time limit and may require additional applications and information to be submitted to Council.
Development applications are determined in accordance with Section 80 of the Environmental Planning & Assessment (EP&A) Act 1979 and may take four forms:
Approval of a development application is generally subject to conditions and with a maximum time limit of five years.
Deferred commencement refers to development applications with particular issues that must be addressed within a fixed timeframe before the approval becomes 'active'.
Staged consent occurs when a large development is proposed to be completed in stages, Council may approve the application in stages. Staged consents may operate to allow commencement of Stage 1 within a maximum time limit of five years, and any subsequent stages not being able to commence until Stage 1 is completed.
Council refuses the development application.
Following determination of a development application the applicant may apply for a review of the decision, or modification to the development consent conditions.
Review of Development Application Determination
In accordance with Section 82A of the Environmental Planning and Assessment Act 1979, the applicant may apply for a review of development application determination other than:
a) a determination to issue or refuse a complying development certificate; or
b) a determination in respect of designated development; or
c) a determination in respect of integrated development.
This application may be lodged with Council within twelve months of the determination and there may be one of three outcomes:
Council may support the original determination.
Council may overturn the original determination.
Council may support the original determination for approval and vary the original development consent conditions.
There is no application form currently available for the review of a determination, however you are advised to discuss lodgement of an application to review with a Development Assessment Planner prior to preparing the application.
Modification of Development Consent
In accordance with Section 96 of the Environmental Planning and Assessment Act 1979, the applicant may apply for a modification of development consent where they believe there has been:
The Modification of Development Consent form can be accessed electronically. Alternatively, you can contact Council's Customer Service Centre to have an application form mailed or faxed to you and advise you of the relevant fees. You are advised to discuss lodgement of an application to modify development consent with a Planning or Building Officer prior to preparing the application.
Appealing a Determination
In accordance with the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulations 2000, development application determinations may be subject to appeal.
Development Consent Conditions
All approved developments are generally subject to development consent conditions. Conditions of consent may require:
minor modifications to the proposal;
operational conditions relating to hours of business and/or construction;
submission of additional information (e.g. a landscaping plan prepared by a qualified horticulturalist);
payment of Section 94 Contribution fees and bonds; and
lodgement of additional applications or certificates of compliance (such as MidCoast Water, Telstra or Country Energy).
Examples of applications which may be required to be submitted as a condition of development consent include the following:
An on-site sewage management system may be required where the development cannot connect to reticulated sewer.